Litigation Lawyers in Winnfield
In Winnfield, Louisiana, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
This basic principle is subject to an significant exception, however. There are cases where a judge in Winnfield, Louisiana will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.
Punitive Damages in Winnfield, Louisiana are not awarded easily, because the civil justice system usually disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Winnfield, Louisiana
Typically personal injury cases in Winnfield, Louisiana involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Winnfield, Louisiana, this is not enough to justify the award of punitive damages.
Punitive Damages in Winnfield, Louisiana are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Winnfield, Louisiana, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
There are limits on punitive damages in Winnfield, Louisiana. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.
Usually, in Winnfield, Louisiana, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Louisiana have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Winnfield, Louisiana Attorney Help?
In Winnfield, Louisiana, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.
If you are engaged in a case in Winnfield, Louisiana that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Winnfield, Louisiana civil litigation attorney as soon as possible.